Patent

Interrogating Interim Injunctions: the four-year-long Vifor-Symed saga


This post is a part of our I-3 series, in which we study cases in which we question the promiscuity of interim injunctions in patent cases. For my previous post in the series, click here. Interim orders, in the ideal world, should be short-lived creatures. In the cases we’re putting before you, however, it appears that they are being nurtured and nourished by a combination of actors, both from the bar and the bench. This particular case features an ex…


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Patent

Interrogating Interim Injunctions: ex parte delays in Symed and Issar


tumblr_mebyufywBG1rpu5kpo1_r2_500

As Shamnad just blogged, we’ve kickstarted the I-3 series, where we interrogate interim injunctions, particularly ex parte injunctions in patent cases. In the past, we’ve consistently highlighted the inequity of interim injunctions in patent cases, especially when they’re awarded without even hearing the other party to the dispute. Over the course of this post and the ones that follow, I will be examining cases in which ex parte “interim” orders have been awarded, taking pains to highlight the attitude and…


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Patent

Interrogating Interim Injunctions (I-3): A New SpicyIP Series


interrogation

We’re unleashing a new project/case series to highlight the potential inequity of patent injunctions that take forever to vacate–particularly the ex-parte ones. See our posts here and here expressing our angst against ex parte injunctions. Rupali just illustrated a very egregious illustration of one such injunction in her wonderfully articulated blog posts here and here. Balaji and Saahil will soon pick up on this theme and cover some of these cases more extensively. We (a team comprising Swaraj, Balaji, Saahil Dama, Rupali…


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Patent

Interim injunctions: Investigating the Symed ‘linezolid’ saga – Part III


Image from here.

The test for interim injunctions involves 4 prongs. In Part I and Part II of this series I have examined the first three prongs of prima facie case, irreparable loss and balance of convenience. In this post I look at the final prong – public interest. The UK only follows a tripartite test that does not include a separate public interest standard. Rather, public interest is included in the balance of convenience analysis. US courts, however, include an independent public…


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Patent

Interim injunctions: Investigating the Symed ‘linezolid’ saga – Part II


balance

In Part I of this post, I used the Symed linezolid case study to analyse the contentiousness of establishing a prima facie case in interim injunction applications. I highlighted both the complexity of the question and the uncritical analysis that accompanied the injunction award in those instances. In this post I look at the next two limbs of the interim injunction test to see how well the judges fared on this analysis. Irreparable injury For the grant of an interim injunction it…


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Patent

Interim injunctions: Investigating the Symed ‘linezolid’ saga – Part I


road closed

With the functioning of Indian courts in the limelight this month, it’s an opportune time to ask some tough questions about how IP cases play out in our system. We have consistently blogged (here, here, here and here) about the unsuitability of interim injunctions in patent infringement cases, given the complex questions of claim construction and validity. In this post, I look at the case of Symed v. Sharon Bio-Medicine and Ors. to demonstrate just how damaging an interim injunction can be to the integrity of the patent…


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Copyright Trademark

SpicyIP Tidbit: OnePlus Settles its OS Dispute, Indian Phone Owners to Receive Updates


bury the hatchet

In what will come as a welcome development to most Indian OnePlus One smartphone owners, OnePlus has resolved its legal dispute over exclusive rights with Cyanogen by “mutual consent”. The dispute was filed in the Delhi High Court in December last year by Micromax complaining that they had an exclusive license agreement with Cyanogen for the Cyanogen Operating System (that also powers the OnePlus One) in a few South Asian countries. Micromax argued therefore that OnePlus was not entitled to…


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Copyright

The Return of Innocence: Google v. Garcia


innocence

In March 2014, I had written about a U.S. Circuit Court ordering that Google take down from YouTube the controversial parody video ‘Innocence of Muslims’. On May 18th, the Court of Appeals has rescinded the order. To give a little background- Innocence of Muslims is an irreverent parody film that was uploaded on YouTube in 2012, when it sparked riots all over the world for its provocative depiction of Islam.  Google took a three-pronged approach in reacting to the incense…


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Patent

Entecavir mystery reloaded: Cipla and BMS in talks over a potential settlement


Money in hand in the form of many large bills

Patent settlements are in the air! Reports indicate that Bristol-Myers Squibb and Cipla appear to be closing in on an agreement to settle a patent dispute relating to a pharmaceutical composition for once a day oral administration of Entecavir (a drug used to treat Hepatitis B). In 2010,  Cipla had filed a petition at the IPAB to revoke the composition patent. Readers may recall Natco and BMS had entered into a similar settlement over the Entecavir composition patent, after Natco…


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Innovation Others

Indian Health Minister Jagat Nadda Elected President of WHO Health Assembly


Jagat Prakash Nadda Minister of Health at the Sixty-eight World Health Assembly, Palais des Nations, Geneva. Photo by Violaine Martin

The 68th World Health Assembly of the World Health Organisation (WHO) is taking place from 18th-26th May in Geneva, Switzerland. The Assembly has elected Dr. Shri Jagat Prakash Nadda, the Indian Union Minister for Health and Family Welfare as its President for this session. Nadda, in his address to the Assembly stated that “inequities of resources has a direct correlation with the inequities of health”, and mentioned Access to Medicines and diagnostics as one of the public health challenges that…


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